AFS

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- E March 14, 2014

Exemption No. 10951 Regulatory Docket No. FAA

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- 0072

Mr. Timothy J. Taber

Parent of Scott Taber 3175 Mulberry Drive South Salem, OR 97302

Dear M r. Taber :

Th is letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dat ed February 3 , 2014 , you petitioned the Feder al Aviation Administration (FAA)

on behalf of Scott Taber for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR). That exemption , if granted, would allow Scott to exceed the specifie d weight limit for an FAA

- approved child restraint system (CAReS, manufactured by AmSafe Corporation) during use of that child restraint system (CRS) aboard a United States (U.S.)

aircraft. In Scott ’s case, although he is currently 1 6 years old, he will be over 18 years old before this exemption terminates , therefore an exemption must also be granted from the requirement in § 121.311(b), that the individual be a “child”. However, the reasons for requesting this exemption do not differ materially from those presented by other petitioners and the reasons stated by the FAA for granting other exemptions also apply to the situation
you present.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register be cause the requested exemption would not set a precedent and any delay in acting on this petition would be detrimental to Scott

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The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant s of Exemption No s . 7831 and 8264 (cop ies enclosed), t he FAA found that numerous p eople with physical challenges had previously completed flights using restraint systems

. The use of these restraint systems addressed unique physical needs regarding sa fety, support, and security in the same manner of operations as described in this petition. The FAA further found that the petition would not set any new precedents regarding the use of restraint systems by persons with disabilities.

Having reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption Nos. 7831 and 8264;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos . 7831 and 8264 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby gra nt Scott Taber an exemption from § 121.311(b). In addition, any air carrier or commercial operator operating under part 121

while Scott is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the extent necessary to allow him to exceed the specified weight limit for an FAA

- app roved CRS during use aboard a U.S. aircraft.

All operations under this exemption must be conducted with at least one of Scott ’s parents or a caregiver accompanying him

. Scott Taber may only occupy a passe nger seat with no passenger seated behi nd him . In addition, Scott ’s parent or caregiver must carry a copy of this exemption and advise the air carrier about the contents of the exemption at least 48 hours before the date of each flight.3

This exemption t e rminates on February 28 , 201 9 , unless sooner superseded or rescinded.

Sincerely,

/S/ John Barbagallo Acting Deputy Director, Flight Standards Service

Enclosures